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143001P.pdf   08/13/2015  Nichols Aluminum, LLC  v.  NLRB
   U.S. Court of Appeals Case No:  14-3001
                          and No:  14-3202
   National Labor Relations Board   
   [PUBLISHED] [Riley, Author, with Murphy and Melloy, Circuit Judges] 
   Petition for Review - Labor Law. The Board erred in finding Nichols 
   violated Section 8(a)(1) and (3) of the National Labor Relations Act by 
   discharging an employee on the ground he participated in the protected 
   activity of striking; the Board did not hold the General Counsel to its 
   burden of proving discriminatory animus toward the employee's protected 
   conduct and that the protected conduct was a substantial or motivating 
   factor in the decision to discharge the employee; the Board's order is set 
   aside. Judge Melloy, concurring. Judge Murphy, dissenting.